When I was younger, I loved the Choose Your Own Adventure books. The reader was constantly asked to make decisions. Did you want to explore the basement of the haunted house? If so, turn to page 10. Or did you want to investigate the spooky noise coming from the kitchen? If so, turn to page 14. I thought of these books recently when reading through forum selection clauses in cruise ship passenger contracts (as one does). In many cases, these clauses do not select just one forum in which to resolve disputes. Instead, they stipulate that the claims must be brought in THIS forum if certain facts are true and in THAT forum if they are not. I refer to such clauses as bifurcated forum selection clauses. At first glance, a bifurcated forum selection clause bears a passing resemblance to a Choose Your Own Adventure book … (more)
[John F Coyle, Transnational Litigation Blog, 1 December 2022]
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